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The Employee’s Attorney: Ohio Sales Commission Dispute Lawyers

The Most Important Thing You Can Do Today: Call The Right Attorney™

Commissioned sales representatives and brokers make most, if not all, of their living on the commissions earned on the close of sales. Unfortunately, it is also not uncommon for commissioned sales representatives to have their employer company withhold their sales commission, whether intentionally or by misunderstanding of its legal obligations. That is where experienced commissions lawyers can best help resolve the dispute.

Commissioned sales representatives often face disputes over their commission after sales are made and their employment ends, either voluntarily or by termination. Our broker-deal and salesperson attorneys are often asked when the commissions becomes due. Unfortunately, there is no universal answer, and a commission dispute attorney will need to consider many factors, including the contract for commission (whether in writing or oral), the course of the parties past dealings, industry standards, and the applicable state law (which may be dictated by the commission agreement).

For example, while some companies and commissioned sales representatives commonly believe that commissions are only earned or payable when the company receives the payment on the sale, such a condition precedent (receipt of the payment) would have to be expressly stated in the employment agreement. In reality, our commission dispute lawyers have regularly seen commission agreements that simply say that the sales representative is due a percentage of sales. Under such scenario, the commission should be due upon the sale, regardless of the payment terms with the customer.

Another common example is when a commissioned sales representative, sales agent, or broker signs up a new ongoing client, and the employer attempts to end commissions payments for ongoing business after the employment relationship has ended. Again, the contract for employment (whether in writing or oral), the course of the parties past dealings, and the applicable state law will control. Was the employee paid commission on subsequent sales over a period of time? Does the contract provide what happens upon termination of employment? What is the industry standard? These are just some of the issues that our commission dispute attorneys will analyze for you.

You should call our employment and sales-force lawyers for a free initial consultation as soon as you find yourself saying or searching the internet for any of the following:

The company that I worked for refused to pay my sales commission because I quit.

The company that I do sales for is trying to cut my commissions after the sale.

I was fired and the company will not pay any of the commissions on the sales that I made before I was let go.

I have a broker commission contract that the company unilaterally altered after several years.

My sales commission was cut because the customer returned faulty goods.

I lost my sales commission because the company could not deliver as promised to the client.

I am not being paid my commissions at the proper rate.

The company that I sell for will not pay me commissions on renewal sales.

The company told me that I have to accept less pay on sales because it had a bad quarter.

A manager told me that I have to share my commissions with him because he “participated” in the sale.

The company will not pay me unpaid broker commissions from the deals that I brokered.

The company will not pay my sales commissions until the buyer pays the last installment in eight months.

The company took away my sales commission because I did not give two weeks’ notice before I quit.

Each sales pYdispute is very different based on the contract and parties that are involved. This means that your best option is to schedule a free initial consultation with a sales commission lawyer. However, here are some answers to some commonly asked questions:

If your employer is not paying you all of your lawfully earned overtime commissions, contact the attorneys at The Spitz Law Firm today for a free and confidentialinitial consultation. Or maybe you are being misclassified as an independent contractor. The commission dispute attorneys and lawyers at The Spitz Law Firm will provide you with the best options for your overtime pay dispute situation. If you even think that you may be entitled to owed commissions that you have not been paid, set up a free initial consultation. Call our Cincinnati attorneys at (888) 707-4448. Call our Cleveland attorneys at (216) 291-4744. Call our Columbus attorneys at (888) 707-4448. Call our Toledo attorneys at (888) 707-4448.

Because we know that many clients are not able to afford the costs of litigation up front, we take on more cases on a contingency fee basis than most firms. Contingency fee agreements mean that the client need not pay any fee for legal services unless and until our employment attorneys recover money and/or results on your race discrimination claim.

If I Have To Sue To Get Paid My Commission, Can I Recover Attorney’s Fees?

Does Ohio Law Provide For Any Damages Beyond The Commission That Is Owed To Me?

Sales Commission Dispute Attorney: Ohio law on commissions is governed by Ohio R.C. § 1335.11, which defines commission as “compensation accruing to a person for payment by another person, the rate of which is expressed as a percentage of the dollar amount of orders, sales, or profits.”

Sales Commission Dispute Attorney: Once it is determined what commission is due, Ohio R.C. § 1335.11(C) controls when the employer must pay the commission: “Upon the termination of a contract between a principal and a sales representative for the solicitation of orders for a product or orders for services, the principal shall pay the sales representative all commissions due the sales representative at the time of the termination within thirty days of the termination and shall pay the sales representative all commissions that become due after the termination within thirteen days of the date on which the commissions become due.”

Sales Commission Dispute Attorney: Each commission dispute case is different and needs to be evaluated by a commission dispute lawyer on a case by case basis. If you are a commissioned employee (in whole or in part), it is important for you to keep employment contracts, employee handbooks, and any communications with your employer regarding the payment of commissions. Even if you do not anticipate a commission dispute, take as much documentation as you can when ending your employment. If you do not have this evidence with you, do not give up because a commission dispute attorney can get much of the documentation during discovery if needed.

Sales Commission Dispute Attorney: No. Ohio R.C. § 1335.11(F) provides: “Any provision in any contract between a sales representative and principal is void if it purports to do any of the following: (1) Waive any of the provisions of this section; (2) Make the contract subject to the laws of another state; [or] (3) Limit the right of the sales representative to initiate litigation or alternative dispute resolution in this state.”

Sales Commission Dispute Attorney: Yes. Ohio R.C. § 1335.11(D) provides: “A principal who fails to comply with division (C) of this section or with any contractual provision concerning timely payment of commissions due upon termination of a contract with a sales representative is liable in a civil action for exemplary damages in an amount not to exceed three times the amount of the commissions owed to the sales representative if the sales representative proves that the principal’s failure to comply with division (C) of this section or the contractual provision constituted willful, wanton, or reckless misconduct or bad faith. If a principal receives a written demand for payment of the commissions owed to a sales representative that was sent by certified mail, the failure of the principal to respond to the written demand in writing within twenty days after the principal receives the written demand shall raise a presumption that the principal acted willfully and in bad faith.” Because of the specific requirements, it is important to consult a salesperson & broker dispute attorney to assist in preparing the certified letter.

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Our Recent Sales Commission Dispute Attorney’s Blogs

Best Employment Attorneys’ Answer: Do I have to pay taxes on my race discrimination lawsuit? Should I report my gender and disability discrimination settlement to the IRS? Can I avoid paying taxes on the jury’s verdict on my sexual harassment claims?“Nothing is certain except death and taxes.” We have all heard this before and most of us have probably uttered this phrase once or twice. What most of don’t know is that this unfortunate truism has a long history in our country. It origins are found in a 1789 letter, in which Benjamin Franklin, who you may have heard of, penned that “Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” Now, as a bit of a history

Best Overtime Wage Attorney Answers: Who is entitled to overtime? How should my overtime be calculated? I earn a salary; how do I calculate my overtime rate? How much should my overtime rate be if commissions are part of my income?Under both the Fair Labor Standards Act (“FLSA”) and Ohio overtime laws, employees who are entitled to overtime wages are entitled to a rate of no less than one and a half times their “regular rate” of pay. The concept of overtime is so ingrained in our society that most people know this. What is often less clear, however, is (1) who is entitled to overtime pay and (2) just how the overtime rate is calculated.Eligibility is always the first issue. There are two concepts at play here. First is the concept of

Best Overtime Attorney Answers: Can I get overtime pay if I’m paid commissions? How should my overtime pay be calculated? How do I find an overtime pay lawyer?Many employers think that they can avoid paying employees overtime wages or minimum wage because their employees are exempt. However, the Fair Labor Standards Act (“FLSA”) and Ohio Minimum Fair Wage Standards Act requires that the largest part of Ohio’s workforce must be paid one and one half times their hourly wage for any hours worked over 40 hours in a workweek. While there are some exemptions built in to the federal and state statutes to the general rule of overtime pay, these “exemptions” are often not as broad as employers would like them to be.One example of an exemption

Disclaimer

The materials available at the top of this commission dispute web page and at this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “Am I entitled to commission when I quit?”, “Does my job have to pay me for my commission if I’m fired for …”, “My final paycheck is not right …” or “What do I do if…”, the your best option is to contact an Ohio commission attorney to obtain advice with respect to commission payment questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at the top of this page or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.

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Email*

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Please explain your legal situation*

The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. This website and the materials contained herein are attorney advertising. The pictures depicted herein are reenactments and may not have been taken during actual events. Additionally, stock photographs were used to depict non-legal events. No actual client pictures are used on the website.